In a busy day for vapor intrusion, last week the U. S. Environmental Protection Agency made several announcements about vapor intrusion.
First, it announced it had submitted a draft rule to the White House OMB seeking to...more

On June 4, 2015, the U.S. Environmental Protection Agency (EPA) released a draft of its highly anticipated study, Assessment of the Potential Impacts of Hydraulic Fracturing for Oil and Gas on Drinking Water Resources (the...more

On May 27, 2015, the U.S. Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) (collectively, the “agencies”) issued a final rule revising the regulatory definition of “Waters of the United...more

Hydraulic fracturing, also known as “fracking,” has come under scrutiny for its potential impacts on water, including the risks to water quality and the amount of water used in the practice. California’s new regulations on...more

On March 20, Senator Fran Pavley (D-Agoura Hills) wrote a letter to Governor Jerry Brown requesting that his administration immediately shut down approximately 2,500 underground injection wells. The letter was signed by...more

On Tuesday, March 3, twelve underground injection control (“UIC”) wells in California’s Central Valley, specifically in Kern County, were shut down in order to protect subsurface drinking water from potential contamination. ...more

The California Department of Pesticide Regulation (DPR) announced on February 26, 2015, a revision to the process for evaluation of the potential for a pesticide to move off-site into surface water when the pesticide is used...more

California Assemblymember Das Williams (D-Carpinteria) has introduced an oil and gas bill to ensure that the state comes into compliance with the Class II underground injection (“UIC”) requirements under the federal Safe...more

Recently, the Wisconsin Supreme Court held that the pollution exclusion applies to well water contamination arising from the application of manure to nearby farmland, relieving a general liability insurer of its duty to...more

The U.S. Environmental Protection Agency (EPA) on December 19, 2014, issued a much anticipated and certain to be controversial final rule under the Resource Conservation and Recovery Act (RCRA) on the RCRA regulatory status...more

NEW REGULATORY DEVELOPMENTS -
Federal -
New Critical Habitat for Gulf of Maine Atlantic Sturgeon to be Designated -
The National Marine Fisheries Service (NMFS) has agreed to designate critical habitat...more

Many of our Ohio based automotive suppliers with retained environmental liability are performing soil and groundwater cleanups using the Ohio Voluntary Action Program (VAP). My colleagues and I thought it would be timely to...more

(1) GAO Report: EPA Can Do More To Protect Groundwater from Pollutants Associated with Fracking -
On Monday, July 28, the U.S. Government Accountability Office (GAO) released a report stating that EPA can do more to...more

There has been much controversy in the courts as to whether groundwater can be defined as “navigable waters” under the Clean Water Act. Courts are split on this decision, with equal numbers of rulings on both sides. One...more

Over the last few years, there has been increasing consideration of vapor intrusion in groundwater investigations, groundwater remedy selection, periodic reviews of the continued safety of already implemented groundwater...more

Environmental and Policy Focus: Expanding the definition of "waters of the United States" – EPA's proposed new rule -- Allen Matkins - Apr 23:
On April 21, 2014, the United States Environmental Protection Agency (EPA)...more

October 2013, the U.S. Environmental Protection Agency issued its draft “Groundwater Remedy Completion Strategy – Moving Forward with Completion in Mind,” which would establish a recommended strategy for an adaptive...more

Last week, EPA released a draft Groundwater Remedy Completion Strategy. The strategy is intended to provide:
a recommended step-wise plan and decision making process for evaluating remedy operation, progress and...more

Environmental and Policy Focus -Federal Shutdown Impacts EPA Staff: The Guardian - Oct 2 --
Nearly all of the 16,205 employees of the Environmental Protection Agency (EPA) across the country, with oversight of air...more

The Alabama Department of Environmental Management (ADEM) has apparently ended its effort to require payment of fees to review groundwater assessments and remediation plans, at least for the time being. Approximately one...more

The development of Arizona's geothermal energy resources has the potential to provide industrial and commercial projects with a constant, renewable source of electrical power. Research conducted to date demonstrates some...more

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